- 10 -
On October 7, 1998, Collins commenced the lawsuit in the
Superior Court of California, San Diego County (trial court),
under the caption “Collins v. Feldman, et al., Case No. 724762".5
Collins initially advanced in the lawsuit five causes of action.
The first cause of action alleged that the Sunroad defendants had
to provide Collins with an accounting. The second cause of
action alleged that the Sunroad defendants breached a fiduciary
duty owed to Collins. The third cause of action alleged that
Collins was entitled to a recision of a resolution passed by the
Port District approving an assignment of the marina lease from
HCMP to Sunroad limited partnership. The fourth cause of action
alleged that Collins was entitled to declaratory relief in the
form of a declaration that HCMP’s managing general partner must
under the partnership agreement sell the marina in the public
market to the highest bidder and may not under the partnership
agreement distribute the marina to itself or to an entity under
its control. The fifth cause of action alleged that Collins was
entitled to a cancellation of the assignment of HCMP’s
partnership interest in the marina.
5 “Feldman” is Aaron Feldman (Feldman), the president of
Sunroad corporation, Sunroad Real Estate, and Sunroad Asset. The
other defendants in the lawsuit were Sunroad Asset, formerly
known as Sunroad corporation, Marina Holdings, the Port District,
and a California limited partnership named Sunroad Marina
Partners, L.P. (Sunroad limited partnership). (We refer to all
five defendants collectively as the defendants. We refer
collectively to the defendants other than the Port District as
the Sunroad Defendants.)
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011